Legal Opinion

Spiers v. Hendershott

Supreme Court of Iowa

Decided May 10, 1909PublishedCited by 19 opinions

Appeal from Cedar District Court. — IIon. F. O. Ellison, Judge. This is a proceeding in probate involving the validity of the will of Hannah Hendershott. The proponent, Lydia Spiers, is the principal beneficiary thereof. The contestants are collateral heirs of the deceased. There was a verdict sustaining the validity of the will, and the same was thereupon admitted to probate by proper order of the court. The contestants appeal.

1Opinion of the CourtEvans, C. J.

Hannah Hendershott died in April, 1904. She had never been married, and she left surviving her collateral heirs only. On January 22, 1898, when seventy-one- years of age, she executed the will involved in this controversy. On that date her sister, Mrs. Dunloff, was living in the State of Ohio. This sister had been a helpless invalid for many years, and had been cared for in the home of her daughter, Lydia Spiers, the proponent herein. - The testatrix devised her entire estate, consisting of about $7,000, to the use of her invalid sister and the daughter. On February 23, 1898, the deceased…

2Cases cited5 opinions

  1. Probate of the Will of Wiltsey v. WiltseySupreme Court of Iowa · 1904
  2. In re Will of NormanSupreme Court of Iowa · 1887
  3. Hertrich v. HertrichSupreme Court of Iowa · 1901
  4. Severin v. ZackSupreme Court of Iowa · 1880
  5. Walker v. WalkerSupreme Court of Iowa · 1902

3Cited by19 opinions

  1. Trachta v. Iowa State Highway CommissionSupreme Court of Iowa · 1957
  2. Erwin v. FillenwarthSupreme Court of Iowa · 1912
  3. Olson v. OlsonSupreme Court of Iowa · 1951
  4. E. H. Emery & Co. v. American Reprigerator Transit Co.Supreme Court of Iowa · 1921
  5. Miller v. MillerSupreme Court of Iowa · 1946

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